[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Rules and Regulations]
[Pages 57581-57585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26961]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 090126060-91251-01]
RIN 0694-AE53
Revisions to the Export Administration Regulations Based on the
2008 Missile Technology Control Regime Plenary Additions
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) to reflect changes to the
Missile Technology Control Regime (MTCR) Annex that were accepted by
MTCR member countries at the November 2008 Plenary in Canberra,
Australia. In addition, this rule also clarifies certain EAR controls
to properly reflect the intent of changes to items that were previously
accepted by MTCR members at past MTCR Plenary meetings.
DATES: Effective Date: This rule is effective November 9, 2009.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE53, by any
of the following methods:
E-mail: [email protected] Include ``RIN 0694-AE53'' in the
subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division,
by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AE53.
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to
[email protected], or by fax to (202) 395-7285; and to
the U.S. Department of Commerce, Bureau of Industry and Security,
Regulatory Policy Division, 14th St. & Pennsylvania Avenue, NW., Room
2705, Washington, DC 20230. Comments on this collection of information
should be submitted separately from comments on the final rule (i.e.
RIN 0694-AE53)--all comments on the latter should be submitted by one
of the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Dennis L. Krepp, Nuclear and Missile
Technology Controls Division, Bureau of Industry and Security,
Telephone: (202) 482-1309.
SUPPLEMENTARY INFORMATION:
Background
The Missile Technology Control Regime (MTCR) is an export control
arrangement among 34 nations, including most of the world's advanced
suppliers of ballistic missiles and missile-related materials and
equipment. The regime establishes a common export control policy based
on a list of controlled items (the Annex) and on guidelines (the
Guidelines) that member countries implement in accordance with their
national export controls. The goal of maintaining the Annex and the
Guidelines is to stem the flow of missile systems capable of delivering
weapons of mass destruction to the global marketplace.
While the MTCR was originally created to prevent the spread of
missiles capable of carrying a nuclear warhead, it was expanded in
January 1993 to also address threats associated with delivery systems
for chemical and biological weapons. MTCR members voluntarily pledge to
adopt the regime's export Guidelines and to restrict the export of
items contained in the regime's Annex. The implementation of the
regime's Guidelines is effectuated through the national export control
laws and policies of the regime members.
In January 1993, complete rocket systems and unmanned aerial
vehicle systems that were capable of a ``range'' equal to or greater
than 300 km, regardless of the payload, were added to the MTCR Annex
(Category II, Item 19). This was based on concerns of MTCR members that
rocket systems and unmanned aerial vehicle systems that were capable of
a ``range'' equal to or greater than 300 km, but that did not meet the
500 kg ``payload'' parameter from Category I of the MTCR Annex, were a
proliferation concern. ``Missiles'' are defined in Sec. 772.1 of the
EAR as being capable of delivering at least 500 kilograms payload to a
range of at least 300 kilometers. To supplement the change made in
1993, the MTCR members decided at the 2008 Plenary to clarify the
controls applicable to ECCN 2B116 by making it clear that the items in
this ECCN were controlled when used in systems that were capable of a
range of at least 300 km, regardless of the payload capacity. For
consistency with the MTCR Annex, this same language also needed to be
added to ECCN 1B101. Therefore, this rule clarifies the scope of these
ECCNs by adding the new language ``capable of a range of at least 300
km'' to these ECCNs.
Amendments to the Export Administration Regulations
This final rule revises the Export Administration Regulations (EAR)
to reflect changes to the MTCR Annex accepted at the November 2008
Plenary in Canberra, Australia. In addition, this rule also clarifies
certain EAR controls to properly reflect the intent of changes to items
previously accepted by MTCR members at past MTCR Plenary meetings.
Corresponding MTCR Annex references are provided below for the MTCR
Annex changes accepted at the November 2008 Plenary.
This rule amends the Commerce Control List (CCL) (Supplement No. 1
to
[[Page 57582]]
Part 774 of the EAR) to reflect changes to the MTCR Annex.
Specifically, the following Export Control Classification Numbers
(ECCNs) are affected:
The heading of ECCN 1B101 is amended by revising the heading to add
the text ``usable for rockets, missiles, or unmanned aerial vehicles
capable of achieving a ``range'' equal to or greater than 300 km and
their subsystems''. This change makes it clear that this ECCN controls
this type of equipment only if it is usable for these types of systems
and their subsystems. This change is expected to have a minimal impact
on license applications.
Also under ECCN 1B101, paragraph (a) is amended by adding
additional text to expand the scope of equipment controlled in this
entry (MTCR Annex Change Category II: Item 6.B.1.a). Paragraph (a) is
amended to add certain fiber placement machines to the types of
equipment controlled under paragraph (a). This change is being made
because a determination was made by the MTCR members that in addition
to certain filament winding machines, certain fiber placement machines
are also a concern for missile proliferation. BIS expects this change
to result in a slight increase in the number of license applications
submitted.
The License Requirements and ``items'' paragraph of ECCN 1C011 are
amended to correct the text by deleting the reference to boron carbide
and replacing it with boron alloy in the MT control section of this
ECCN, and by making conforming changes to the MT and NS License
Requirements for this ECCN. This is a change made to conform to the
MTCR Annex. The correct language from the MTCR Annex is boron alloy,
but because 1C001.b is also a National Security (NS) controlled
paragraph that correctly uses the text boron carbide for the NS portion
of the control, this rule needed to add the correct text for the MT
controlled boron alloy. To effect this change, reference to boron alloy
was included in a new ``items'' paragraph in this ECCN (1C011.e), but
reference to boron carbide is retained in the NS control section of
this ECCN. Paragraph 1C011.b still controls boron for MT reasons, and
therefore, to conform with the text of the MTCR Annex, this rule
clarifies the MT control to make it clear what portion of paragraph
1C011.b is MT controlled. This rule also revises the NS control section
of 1C011 to specify that the NS control applies to the entire entry,
with the exception of 1C011.e. This change is expected to have no
impact on license applications.
The heading of ECCN 2B116 is amended by including the text ``usable
for rockets, missiles, or unmanned aerial vehicles capable of achieving
a ``range'' equal to or greater than 300 km and their subsystems''
(MTCR Annex Change Category II: Item 15.B.1). This change makes it
clear that this ECCN controls these vibration test systems and
equipment only if they are usable for these types of systems and their
subsystems. This change is expected to have a minimal impact on license
applications.
Also under ECCN 2B116, paragraph (b) is amended by adding text to
clarify the scope of the entry (MTCR Annex Change Category II: Item
15.B.1.b). Specifically, this rule adds the word ``control'' after the
word ``real-time'' to clarify that the bandwidth that is within the
scope of this ECCN entry is `real-time control bandwidth'. This change
is being made for consistency with the MTCR Annex and to provide better
guidance to the public regarding the intent of this control. BIS
expects this change to have a minimal impact on license applications.
Also under ECCN 2B116, this rule adds a new technical note to the
``items'' paragraph to provide an ECCN-specific definition of `real-
time control bandwidth', which is now defined as, ``the maximum rate at
which a controller can execute complete cycles of sampling, processing
data and transmitting control signals'' (MTCR Annex Change Category II:
Technical note to Item 15.B.1.b) This new definition will assist the
public in understanding the scope of this revised control parameter.
BIS expects this change to have a minimal impact on license
applications.
Paragraph (b) of ECCN 2B120 is amended by adding text to clarify
the types of motion simulators/rate tables classified under this entry.
Specifically, this rule clarifies that the motion simulators/rate
tables controlled under this ECCN entry include motion simulators/rate
tables designed or modified to incorporate sliprings or integrated non-
contact devices capable of transferring electrical power, signal
information or both (MTCR Annex Change Category II: Item 9.B.2.c.2).
This change is being made to provide for consistency with the MTCR
Annex and to provide better guidance to the public regarding the intent
of this control. Specifically, the additional text on sliprings is
added for greater clarity regarding intent of the control, and the text
on non-contact devices is added to reflect accepted provisions by the
MTCR members. BIS expects this change to have a minimal impact on
license applications.
Also, in paragraph (c)(3) of ECCN 2B120, this rule adds quotation
marks around the term ``accuracy'' to indicate that this CCL term is a
defined term in Sec. 772.1 of the EAR (MTCR Annex Change Category II:
Item 9.B.c.3.c). BIS expects this change to have no impact on license
applications, as BIS has always interpreted this term according to the
definition in Sec. 772.1.
Paragraph (b) of ECCN 2B121 is amended by adding quotation marks
around the term ``accuracy'' to indicate that this CCL term is a
defined term in Sec. 772.1 of the EAR (MTCR Annex Change Category II:
Item 9.B.2.d.2). BIS expects this change to have no impact on license
applications, as BIS has always interpreted this term according to the
definition in Sec. 772.1.
The heading of ECCN 2B122 is amended by adding text to clarify the
types of centrifuges classified under this entry. Specifically, this
rule clarifies that the centrifuges controlled under this ECCN heading
include centrifuges designed or modified to incorporate sliprings or
integrated non-contact devices capable of transferring electrical
power, signal information or both (MTCR Annex Change Category II: Item
9.B.2.e). This change is being made for consistency with the MTCR Annex
and to provide better guidance to the public regarding the intent of
this control. Specifically, the additional text on sliprings is added
for greater clarity regarding intent of the control and the text on
non-contact devices is added to reflect accepted provisions by the MTCR
members. BIS expects this change to have a minimal impact on license
applications.
Paragraph (b)(2)(a) of ECCN 6A108 is amended by revising the
control parameter for milliradians from 3 to 1.5 milliradians (MTCR
Annex Change Category II: Item 12.A.5.b.1). BIS is changing this
milliradian control threshold because the current text was based on an
erroneous conversion factor and the MTCR members accepted that using
1.5 milliradians would be sufficient to capture systems of concern for
missile proliferation. BIS expects this change to have no impact on
license applications.
The MT ``control(s)'' paragraph in the License Requirements section
of ECCN 7A003 is amended to clarify that the MT control applies to
commodities in 7A003.d that meet or exceed the parameters of 7A103.
Prior to the publication of this rule, the MT control applied to
``items'' paragraphs a, b, c, and d of this ECCN entry. However, there
is no corresponding control text in the MTCR Annex for ECCN 7A003
``items'' paragraphs a, b and c. The
[[Page 57583]]
corresponding control text in the MTCR Annex for ECCN 7A003 only
applies to ``items'' paragraph d of this ECCN entry, which this change
clarifies. BIS expects this change to have no impact on license
applications because the rule makes no change to the commodities
controlled under this ECCN entry; the rule is limited to clarifying
what portions of this ECCN entry are subject to MT controls.
Paragraph (b) of ECCN 7A101 is amended to add text to clarify the
scope of this ECCN entry (MTCR Annex Change Category II: Item 9.A.5).
Specifically, this rule modifies the control parameter to clarify that
only accelerometers that are designed for use in inertial navigation
systems or in guidance systems of all types fall within the scope of
this ECCN entry. Paragraph (b) of ECCN 7A101 is also amended to add a
note to further clarify that the ECCN does not include accelerometers
that are designed to measure vibration or shock (MTCR Annex Change
Category II: Item 9.A.5). This change is being made to clarify what
types of accelerometers are within the scope of this ECCN. This more
precise text will clearly indicate to the public what accelerometers
are within the scope of this ECCN. BIS expects these two changes to
have no impact on license applications as BIS has always interpreted
this ECCN in this manner.
The heading of ECCN 7A102 is amended and new ``items'' paragraphs
(a) and (b) are added to clarify the scope of this ECCN entry as it
relates to gyros (MTCR Annex Change Category II: Item 9.A.5).
Specifically this rule modifies the control parameter to clarify that
only gyros that are designed for use in inertial navigation systems or
in guidance systems of all types fall within the scope of this ECCN
entry. BIS expects this change to have no impact on license
applications as BIS has always interpreted this ECCN in this manner.
Paragraph (a) of ECCN 7A103 is amended by redesignating the
existing Note to paragraph (a) as Note 1 and adding a new Note 2 to
clarify what ECCN 7A001 and 7A002 commodities are within the scope of
``items'' paragraph (a) of ECCN 7A103. This new note clarifies that
``items'' paragraph (a) does not control inertial or other equipment
using accelerometers or gyros controlled by 7A001 or 7A002 that are
only NS controlled.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on November 9, 2009, pursuant
to actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before December 9, 2009. Any such
items not actually exported or reexported before midnight, on December
9, 2009, require a license in accordance with this rule.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 13, 2009
(74 FR 41325 (August 14, 2009)), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.
Rulemaking Requirements
1. This final rule has been determined to be significant for
purposes of E.O. 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirements of the Paperwork Reduction Act, unless that collection of
information displays a currently valid Office of Management and Budget
Control Number. This rule contains a collection of information subject
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This
collection has been approved by the Office of Management and Budget
under control number 0694-0088, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 58 minutes for a manual or electronic
submission.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this regulation is issued in final form.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, part 774 of the Export Administration Regulations (15 CFR
parts 730-774) is amended as follows:
PART 774--[AMENDED]
0
1. The authority citation for 15 CFR part 774 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Notice of August 13, 2009, 74 Fed. Reg. 41325 (August 14,
2009).
0
2. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'',
Export Control Classification Number (ECCN) 1B101 is amended by
revising the Heading and paragraph (a) of the ``items'' paragraph in
the List of Items Controlled section, to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
1B101 Equipment, other than that controlled by 1B001, for the
``production'' of structural composites, fibers, prepregs or
preforms, usable for rockets, missiles, or unmanned aerial vehicles
capable of achieving a ``range'' equal to or greater than 300 km and
their subsystems, as follows (see List of Items Controlled); and
specially designed components, and accessories therefor.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. Filament winding machines or fiber placement machines, of
which the motions for positioning, wrapping and winding fibers can
be coordinated and programmed in three or more axes, designed to
fabricate composite structures or laminates from fibrous or
filamentary materials, and coordinating and programming controls;
* * * * *
0
3. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals,
[[Page 57584]]
``Microorganisms'' & ``Toxins'', Export Control Classification Number
(ECCN) 1C011 is amended:
0
a. By revising the License Requirements section;
0
b. By revising paragraph (d) of the ``items'' paragraph in the List of
Items Controlled section; and
0
c. By adding paragraph (e) at the end of the ``items'' paragraph in the
List of Items Controlled section, to read as follows:
1C011 Metals and compounds, as follows (see List of Items
Controlled). License Requirements.
Reason for Control: NS, MT, AT
Control(s) Country chart
NS applies to entire entry, except NS Column 1.
1C011.e.
MT applies to 1C011.a and .b (for boron) MT Column 1.
and .e.
AT applies to entire entry.............. AT Column 1.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
d. Nitroguanidine (NQ) (CAS 556-88-7);
e. Boron alloys of 85% purity or higher and a particle size of
60 [mu]m or less.
0
4. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B116 is amended:
0
a. By revising the Heading;
0
b. By revising paragraph (b) of the ``items'' paragraph in the List of
Items Controlled section; and
0
c. By revising the Technical Notes at the end of the ``items''
paragraph in the List of Items Controlled section, to read as follows:
2B116 Vibration test systems and equipment, usable for rockets,
missiles, or unmanned aerial vehicles capable of achieving a
``range'' equal to or greater than 300 km and their subsystems, and
components therefor, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
b. Digital controllers, combined with specially designed
vibration test ``software'', with a `real-time control bandwidth'
greater than 5 kHz and designed for use with vibration test systems
described in 2B116.a;
c. * * *
d. * * *
Technical Notes:
(1) `Bare table' means a flat table, or surface, with no fixture
or fitting.
(2) `Real-time control bandwidth' is defined as the maximum rate
at which a controller can execute complete cycles of sampling,
processing data and transmitting control signals.
0
5. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B120 is amended by revising paragraphs (b) and (c)(3) of the
``items'' paragraph in the List of Items Controlled section, to read as
follows:
2B120 Motion simulators or rate tables (equipment capable of
simulating motion), having all of the following characteristics (see
List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
b. Designed or modified to incorporate sliprings or integrated
non-contact devices capable of transferring electrical power, signal
information, or both; and
c. Having any of the following characteristics:
* * * * *
c.3. A positioning ``accuracy'' equal to or better than 5 arc-
second.
* * * * *
0
6. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B121 is amended by revising paragraph (b) of the ``items''
paragraph in the List of Items Controlled section, to read as follows:
2B121 Positioning tables (equipment capable of precise rotary
position in any axis), other than those controlled in 2B120, having
all the following characteristics (See List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
b. A positioning ``accuracy'' equal to or better than 5 arc-
second.
* * * * *
0
7. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B122 is amended by revising the Heading, to read as follows:
2B122 Centrifuges capable of imparting accelerations above 100 g
and designed or modified to incorporate sliprings or integrated non-
contact devices capable of transferring electrical power, signal
information, or both.
* * * * *
0
8. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A108 is amended by revising paragraph (b)(2)(a) of the
``items'' paragraph in the List of Items Controlled section, to read as
follows:
6A108 Radar systems and tracking systems, other than those
controlled by 6A008, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
b.2. * * *
b.2.a. Angular resolution better than 1.5 milliradians;
* * * * *
0
9. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A003 is amended by revising the MT ``Control(s)''
paragraph in the License Requirements section, to read as follows:
7A003 Inertial Systems and specially designed components
therefor. License Requirements.
Reason for Control: * * *
Control(s) Country chart
* * * * *
MT applies to commodities in 7A003.d that MT Column 1.
meet or exceed the parameters of 7A103.
* * * * *
0
10. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A101 is amended:
0
a. By revising paragraph (b) of the ``items'' paragraph in the List of
Items Controlled section, and
0
b. By adding a new ``Note to paragraph (b)'' at the end of paragraph
(b) of the ``items'' paragraph in the List of Items Controlled section,
to read as follows:
7A101 Accelerometers, other than those controlled by 7A001 (see
List of Items Controlled), and specially designed components
therefor.
* * * * *
[[Page 57585]]
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
b. Accelerometers of any type, designed for use in inertial
navigation systems or in guidance systems of all types, specified to
function at acceleration levels greater than 100 g.
Note to paragraph (b): This paragraph (b) does not include
accelerometers that are designed to measure vibration or shock.
0
11. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A102 is amended:
0
a. By revising the Heading, and
0
b. By revising the ``items'' paragraph in the List of Items Controlled
section, to read as follows:
7A102 Gyros, other than those controlled by 7A002 (see List of
Items Controlled), and specially designed components therefor.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. All types of gyros, usable in rockets, missiles, or unmanned
aerial vehicles capable of achieving a ``range'' equal to or greater
than 300 km, with a rated ``drift rate'' `stability' of less than
0.5 degrees (1 sigma or rms) per hour in a 1 g environment.
b. Gyros of any type, designed for use in inertial navigation
systems or in guidance systems of all types, specified to function
at acceleration levels greater than 100 g.
Technical Note: In this entry, the term `stability' is defined
as a measure of the ability of a specific mechanism or performance
coefficient to remain invariant when continuously exposed to a fixed
operating condition. (This definition does not refer to dynamic or
servo stability.) (IEEE STD 528-2001 paragraph 2.247).
0
12. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A103 is amended by redesignating the Note as Note 1 and
adding a Note 2 at the end of paragraph (a) of the ``items'' paragraph
in the List of Items Controlled section, to read as follows:
7A103 Instrumentation, navigation equipment and systems, other
than those controlled by 7A003, and specially designed components
therefor.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. * * *
Note 1: 7A103.a does not control equipment containing
accelerometers specially designed and developed as MWD (Measurement
While Drilling) sensors for use in down-hole well services
operations.
Note 2: 7A103.a does not control inertial or other equipment
using accelerometers or gyros controlled by 7A001 or 7A002 that are
only NS controlled.
* * * * *
Dated: November 4, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-26961 Filed 11-6-09; 8:45 am]
BILLING CODE 3510-33-P